patient safety because of an inability to monitor the supply of medical marijuana in the state and the lack of quality control, testing, and labeling requirements.
The California Constitution grants cities and counties the authority to make and enforce, within their borders,
all local police, sanitary, and other ordinances and regulations not in conflict with the general la
This inherent local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within the local jurisdiction
s borders. The police power, therefore, allows each city and county to determine whether or not a medical marijuana dispensary or other facility that makes medical marijuana available may operate within its borders. This authority has been upheld by City of Riverside v. Inland Empire Patients Health & Wellness, Inc. (2013) 56 Cal.4th 729 and County of Los Angeles v. Hill (2011) 192 Cal.App.4th 861.
Nothing in this chapter shall diminish, erode, or modify that authority.
If, pursuant to this authority, a city or county determines that a dispensary or other facility that makes medical marijuana available may operate within its borders, then there is a need for the state to license these dispensaries and other facilities for the purpose of adopting and enforcing protocols for training and certification of physicians who recommend the use of medical marijuana and for agricultural cultivation practices. This licensing requirement is not intended in any way nor shall it be construed to preempt local ordinances, regulations or enforcement actions regarding the sale and use of medical marijuana, including, but not limited to, security, signage, lighting, and inspections. (c)
All of the following elements are necessary to uphold important state goals: (1) Strict provisions to prevent the potential diversion of marijuana for recreational use. (2) Audits to accurately track the volume of both product movement and sales. (3) An effective means of restricting
access to medical marijuana by persons under 21 years of age
Nothing in this act shall be construed to promote or facilitate the nonmedical, recreational possession, sale, or use of marijuana.
Section 2220.05 of the Business and Professions Code is amended to read:
(a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California shall prioritize its investigative and prosecutorial resources to